Thursday, August 16, 2007

Hazard on Making Law in Mass Societies

Geoff Hazard isolates what he considers to be the most significant characteristics of mass justice: (1) political "distance" between legislative policymaking and adjudicative administration of justice; (2) dominance of "technicality" over "morality" in legal rules; (3) estrangement among professional participants in administration of justice; (4) impersonality of the adjudicative process itself, including a tendency to technicality; (5) the burden of quantity of caseload on quality of justice; and (6) statistical dimensions of "justice" in mass justice. The cite is 67 La. L. Rev. 1103 (2007).